Marriage Issues for 485

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moitweety

Registered Users (C)
Hi all...
This is my first posting and need advice urgently.
My company has an approved labor for me and are filing my 140 and 485 jointly coming next month.
The problem is my wedding is fixed for Mid next year. My fiance is in India with a B2 yr visa valid for 10 yrs( she has come visiting the US couple of times).
I need to get married before the 485 stage so I can file jointly for her and me.
Can I get a court marriage done here in the USA?
Can she go back to India after that and just come back on the same B2 visa when she needs to come back finger printing or does she need to apply for an H4 after going back to India.
Also what steps do I need to take to show proof of marriage -- I cannot add her to my credit card or utilitiy bill or car insurance because she has no SSN
PLease advise??????

Moitweety!! confused:
 
moitweety said:
Hi all...
This is my first posting and need advice urgently.
My company has an approved labor for me and are filing my 140 and 485 jointly coming next month.

---Go for it, its better this way.

The problem is my wedding is fixed for Mid next year. My fiance is in India with a B2 yr visa valid for 10 yrs( she has come visiting the US couple of times).

---Tell them you want to file I-140 only at this time. Once you get married, you will file I-485.

I need to get married before the 485 stage so I can file jointly for her and me.

---thats right.

Can I get a court marriage done here in the USA?

---yes, you can.

Can she go back to India after that and just come back on the same B2 visa when she needs to come back finger printing or does she need to apply for an H4 after going back to India.

---once you get married here, and file I-485, you will also get EAD, and AP(ADVANCE PAROLE). AP lets you to travel freely. Once she gets EAD, her status would be AOS(Adjustment of Status), no H4 needed. She can use AP that is valid for entire year.

Also what steps do I need to take to show proof of marriage -- I cannot add her to my credit card or utilitiy bill or car insurance because she has no SSN
PLease advise??????

---proof of marriage would be court marriage certificate. you dont have to submit it the time you file I-485, but ever you get RFE (Request for Evidence) you can show them as proof.

Moitweety!! confused:
Click to expand...

Hope this helps.
 
Thank you so much for the input...
I had one question though,
I have to file for 485 ASAP.
I can also get my fiance here for the wedding , the questions remains about her status when she leaves back for india.
Can she travel back and forth from the US to India freely on her B2?
For example if she is called for Finger printing or any RFE's before we get married, can she fly back to the states on her B2 visa.

Please advise
 
moitweety said:
Thank you so much for the input...
I had one question though,
I have to file for 485 ASAP.
I can also get my fiance here for the wedding , the questions remains about her status when she leaves back for india.
Can she travel back and forth from the US to India freely on her B2?
For example if she is called for Finger printing or any RFE's before we get married, can she fly back to the states on her B2 visa.

Please advise
Click to expand...

Once she files 485, she cannot use B2. She MUST use AP or H4
 
Also check with your attorney. Most of them don't suggest you getting married immediately after she arrives on B1, they suggest you wait for couple months after she arrives
 
Thank you.....
My fiance can fly down when I need to file my I 485, but she has to fly back in 2 weeks to appear for her exams.
What i need to know is,
does she file for h4 after she goes back to India based on her marriage licence in the USA
or does she apply for an AP , AOS here while filing for i 485.
Also does she get her AP soon enough as she files her i 485

thanks
 
you can file yourself now, and then you can marry her & add her to your pending 485.

Suggestion: you should marry her outside usa, not within usa and bring her on her h4 visa. If you want to marry her right now while she is on her B1 visa, you might wait six months to marry her after she arrives on her B1 visa (pure non-immigrant visa). Otherwise, it would pose problems.
 
I tend to agree with USGC485. You can file for 485 now (provided your labor priority date is before the USCIS cut-off date), get married and then include your wife. B1 visa has non-immigrant intent, so it may create problems down the road. Proof of marriage would be your marriage certificate.

Check with ur attorney. I am not an attorney.
 
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